ORIENTAL INSURANCE CO. LTD. Vs. SMRITI MAJUMDER (BAIDYA)

JUDGEMENT

(1.) The appellant lays challenge to the award dtd. 21/7/2017 passed by the learned Sole Member, Motor Accident Claims Tribunal, South Tripura, Belonia in Case No. T.S. (MAC) 73 of 2014 titled as Smt. Smriti Majumder (Baidya) v. Sri Sanjoy Paul and others on the ground of liability.

(2.) The accident took place on 21/8/2012 at 12.30 p.m. At that point in time, the vehicle was not insured with the insurer namely Oriental Insurance Company Limited. The owner by paying the premium purchased the policy only after occurrence of the accident, though on the same day. It has come on record that the said insurance policy was purchased and issued at 1629 hours i.e. 4.29 p.m. The insurance policy (page-55) and the FIR (page-51) clearly reflect such fact.

(3.) Thus, whether the policy (page-55) would have covered the accident which took place prior to its issuance, is the issue which arises for consideration in the present appeal so preferred by the insurer.